Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Oswal (No 6) [2012] FCA 590 Citation: Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Oswal (No 6) [2012] FCA 590
Parties: BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151) v PANKAJ OSWAL, RADHIKA OSWAL, COMICAL ALI MILITANT VEGETARIAN PTY LTD (ACN 129 299 172) and OSWAL INDUSTRIAL PTY LTD (ACN 121 121 659)
File number: WAD 66 of 2011
Judge: MCKERRACHER J
Date of judgment: 7 June 2012
Catchwords: COSTS – security for costs application – compliance with a subpoena – whether the Court is empowered under the Federal Court Rules 2011 to award security for costs in advance for costs and expenses of a non-party who is subpoenaed by a party Held: a stranger to litigation should not be put to onerous expense in complying with a subpoena issued by a party not resident in the jurisdiction - that quantum of security should be reviewed and fixed by a Registrar
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 rr 24.01, 24.15, 24.22
Cases cited: Re Amalgamated Metals Foundry and Shipwrights Union; Ex parte Adamson (1984) 4 FCR 319 Australian Prudential Regulation Authority v Rural and General Insurance Ltd [2004] FCA 933 Chapman v Luminis Pty Ltd (No 3) (2000) 104 FCR 368 Danieletto v Khera (1995) 35 NSWLR 684 Thunderdome Racetiming and Scoring Pty Ltd v Dorian Industries Pty Ltd (1992) 36 FCR 297
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